The U.S. Securities and Exchange Commission (SEC) has scheduled an open meeting on the 14th of August to discuss the proposal of new regulations for a tailored offering regime. This rulemaking is intended to apply to cryptocurrency investment contracts.
In other words, the SEC is finally thinking about moving forward with its “Regulation Crypto” agenda after several back-and-forths. Under this new agenda, a formal rule would undergo additional review and public comment before being finalized.
Additionally, certain cryptocurrency projects might be able to raise money through a customized route made possible by the proposed regulations. This would in turn avoid the need for conventional securities registration.
Lastly, once a project becomes sufficiently decentralized or its founders stop actively managing it, the new rules might also offer a way out of SEC oversight.
Simultaneous developments
That said, the meeting takes place right after the Senate failed to move the CLARITY Act forward before its August recess, which makes the timing noteworthy.
The SEC’s rulemaking could offer some regulatory clarity while Congress remains at a standstill. The CLARITY Act, however, could create a broader legal framework and clearly define the roles of the SEC and CFTC.
Congress still controls the larger legal framework governing financial markets. Therefore, the SEC’s “Regulation Crypto” cannot replace the CLARITY Act.
While the SEC cannot resolve every jurisdictional issue that requires new legislation, it can still clarify existing regulations.
